LawRato

What is procedure to get succession certificate by the process of law?


29-Oct-2023 (In Property Law)
My father have deemed account in saraswat bank and one shop worth rs 13 lakh and we have one flat in flat my father make me a nominee so in case of flat i need a succession or not or where we can file a suit in district court or highcourt and how we calculate court fee..i live at mulund (thane)
Answers (3)

Answer #1
527 votes
You will have to file in the High court for the certificate, this is to indicate that you father has expired without a will due to which ur coming before the court to get it transfer in your name so that in future you will not have to face any dispute with regard to the same when u have to Deal with the property and with regard to nominee according to law a nominee is a trusty appointed by the person to take care of the property which means you are just a care taker of the house of your father and not the owner of the property

Answer #2
713 votes
You will have to file for succession certificate in the Bombay High Court.
The petition should have details of all the properties in Mumbai and elsewhere.
The petition should mention details of any other legal heirs.
Has your father has made a will is required to be seen.
Answer #3
586 votes
In case of Saraswat Bank if any amount is balance and you are nominee to the said account of your father then contact the bank official you will get the amount. If banks needs Succession Certificate then you will have to apply City Civil Court for Succession Certificate under Indian Succession Act.,1925. In respect of Shop and Flat you will have to get Heirship Certificate from the City Civil Court. Considering the cost of flat or shop , court fee will be Rs.75,000/- i.e.maximum. The C.F. will have to be paid at the time of issuing Heirship certificate by the court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."